The constitutional court has stopped the trial of former LRA commander Col. Thomas Kwoyelo, the only former LRA official currently facing charges under the war crimes court.

Kwoyelo alias Latoni was in July charged in the Gulu Based International Crimes Division with several counts of murder, kidnap, destruction of property and aggravated robbery among others.

Thomas Kwoyelo in court

He moved to court to challenge the constitutionality of his trial yet he had applied for amnesty in 2010.

Five Justices of the Constitutional court today passed their verdict saying Kwoyelo made out a case showing that the Amnesty Commission and the Director of Public Prosecution (DPP) have not accorded him equal treatment under the Amnesty Act. The five include Amos Twinomujuni, Constance Byamugisha, Augustine Nshimye, Remmy Kasule and Stella Arach-Amoko.

They agreed with Kwoyelo that that DPP’s act of prosecuting him when others who applied for amnesty were forgiven is inconsistent with Article 21 (1) (2) of the Constitution which provides for equal treatment of all Ugandans before the law and therefore null and void.

The five justices noted that the Amnesty Act has been in existence sine 2000 and about 24 000 people have been granted amnesty including 29 people in 2011. They said Kwoyelo applied for amnesty in 2010 observing that the DPP did not give any objection and reasonable explanation why he did not sanction Kwoyelo’s application.

“The applicant acquired a legal right to be granted amnesty or pardon under the Amnesty Act like everyone else who renounces rebellion,” the judges ruled. They said it was too late for DPP to claim his constitutional independence using the applicant. They observed that the Amnesty Act was not enacted to whittle down the prosecutorial powers of DPP or interfere with his independence as the State claimed in their submission. The DPP’s powers in their view were not infringed upon by the application for amnesty.

The five justices ordered that the file be forwarded back to the lower court with direction that it must cease the trial of the applicant (Kwoyelo) forthwith.

Moments after court, a jubilant Kwoyelo was seen hugging his lawyers for the job well done. He was represented by Caleb Alaka and Francis Onyango.

Kwoleyo however has to remain in the custody of prisons official until his case comes up for termination in Gulu.